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Martin N Lijtmaer
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Martin Lijtmaer’s Answers

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  • My brother was arrested for 11378 11379a my understanding something with mail about how much time is he looking at

    he has priors of manufacturing meth sales actually last year he was released from parole

    Martin’s Answer

    HS 11379 is a straight felony and depending on the circumstances, can include a lengthy prison terms. Without more details about your brother's case, it is impossible to hazard a guess at the potential prison term. However, before focusing on how much time he's look at, it would be wise to consider that your brother may have viable defenses to the charges. A qualified criminal defense attorney can evaluate your brother's case and recommend the best course of action to protect your brother's rights and potentially get the charges dismissed or reduced.

    Many lawyers on this site offer free consultations. No reason not to get several professional opinions on your brother's case.

    Best of luck!

    Martin Lijtmaer
    --
    L I J T L A W

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  • How much jail time is my buddie looking at for possesion of sales of heroin, and an enhancement charge of carrying more than 14g

    police preformed a search warrant at my buddies house, and found, scale, mushrooms, 4 ounces of heroin, and 100 oxycodone pills..how much trouble is he in? should he get a lawyer?

    Martin’s Answer

    My colleagues are correct in their assessment. Your friend absolutely needs an aggressive attorney who will thoroughly analyze the facts of his case to identify the best possible defense. It's almost guaranteed that the DA will be looking to lock your friend up for a substantial period of time -- but as noted by my colleagues, exactly what he is facing depends largely on his criminal history, whether enhancements are filed, and what the exact charges are. Your friend should definitely take advantage of the free consultations offered by the many qualified lawyers on this website.

    Martin Lijtmaer
    --
    L I J T L A W
    643 South Olive St, Suite 717
    Los Angeles, CA 90014
    www.LIJTLAW.com
    Tel: (323) 379 5458
    Fax: (310) 760 5096

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  • My husband got senteced to 13 days la county jail how much time will he really do?

    My husband got charged with a second dui and sentenced to 13 days in la county jail hes a permanent resident can he face deportation for this??

    Martin’s Answer

    Your husband should be out by now if he was committed to jail upon sentencing.

    Unfortunately, DUIs can be fatal to an application for citizenship. My colleague's advice is spot-on -- you should definitely consult with an immigration attorney to see what options you have.

    Best of luck to you and your husband-

    Martin

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  • How much time is the minimum amount of time someone would do for a 3rd time petty theft offender?

    My daughter received 16 months for her probation violation and 16 months for the new crime, but is serving them concurrently. Is that normal?

    Martin’s Answer

    What is "normal " is very difficult to assess as every case is different, but as noted by my colleagues, 16 months is the low term for felony petty theft. But, because we do not know the details of the case including your daughter's criminal history, the amount at issue, and the evidence against her, it is impossible for us to advise you as to whether the deal was a good one or a bad one.

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  • I was charged by Workers Compensation and convicted of a felony insurance fraud,

    As a result I'm currently on probation until I pay the fine. In the mean time I'm attempting to collect California State Disability for the same injury that I was collecting Workers Comp.

    Martin’s Answer

    Before you do anything, consult with your attorney, or, if you don't have one, call one.

    You have already been convicted of a felony and it would be a big mistake for you to seek any benefits without first understanding exactly what you can and can't do under the law. If you are on probation and you screw up (especially if you screw up in the same way you did before), you can count on the judge throwing the book at you. So, bottom line here is: consult with an attorney ASAP.

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  • Check on lajail.info shows charge level : F ( felony)

    Does this mean charge with level F felony or does is the F stands for felony? If charge with level F felony, what could be the category of the crime?

    Martin’s Answer

    There is no such thing as a "level F felony." The "F" does indeed stand for felony but as my colleague notes, this could change if the filing attorney finds that the crime does not warrant a felony filing.

    Whatever the situation, you would benefit from contacting an attorney to discuss the situation. Almost all of us here offer free evaluations, so there's no reason not to call.

    Martin
    LIJTLAW.com
    Law Offices of Martin Lijtmaer
    234 East Colorado Blvd, Suite 230
    Pasadena, CA 91101
    Tel: (323) 379 5458
    Fax: (310) 760 5096

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  • I'm charged with a 476 wobbler as a felony, can I ask the DA for a misdemeanor?

    I'm 19 and I made a dumb mistake and was charged with 1 count of 476 as a wobbler but they charged it as a felony. Since I have no priors and I'm young, can I go pro per and ask the DA for a misdemeanor and community service myself? She seemed pre...

    Martin’s Answer

    You can absolutely make the request to the prosecutor or the judge but I strongly recommend that you have legal counsel, whether it be private or a public defender.

    As noted by my colleague, without the specific facts of your case, it is impossible to assess whether the request for a reduction to a misdemeanor is appropriate or reasonable. Regardless of the facts, an attorney will almost certainly be able to make a better pitch to the prosecutor or judge than you will be able to and having an attorney will prevent you from making any incriminating statements to the prosecutor.

    Some of the factors the prosecutor/judge will be looking at to determine whether or not to reduce the charges to a misdemeanor are the amount of money at issue, the extent of the fraudulent conduct, and whether you can compensate the victims in the case.

    If you can afford a private attorney, I encourage you to call one of the many qualified attorneys on AVVO. Most of us offer free consultations so there really is nothing to lose by calling.

    Best of luck-

    Martin
    --
    Law Offices of Martin Lijtmaer
    234 East Colorado Blvd, Suite 230
    Pasadena, CA 91101
    Tel: (323) 379 5458
    Fax: (310) 760 5096

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  • What does it mean to be in probation? Does it mean I cannot be in the street after certain hours? No interaction with cops?

    I was sleeping on the back of my friend's car when my friend entered into a private property to take a shortcut. The owner called the police, and we were arrested and charged with several counts. After I was arrested I told the officers that I was...

    Martin’s Answer

    The terms of your probation should have been specified by the court. Since you were charged with trespass, I imagine that you received "informal probation" (see my colleague's answer for the difference between this and "formal" probation). Since you trespassed, there's a good chance that part of the probationary sentence includes your staying away from the area that you trespassed.

    If you don't know what the conditions of probation are, you should reach out to your attorney (the PD) and get him to look in the court file or look at the minutes (the recorded notes of what happened in court) and have him remind you.

    Good luck-

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  • Are there any case laws pertaining to entrapment in CA?

    While in custody and being charged with a crime, a person was being recorded in a holding cell talking to undercover officers. And only asking about a lawyer. And that's being held against them.

    Martin’s Answer

    Entrapment is a defense in California, but the facts you describe do not suggest entrapment. As a general rule, undercover officers posing as inmates and getting information from those in custody is legal. This happens all of the time.

    I always advise my clients to never talk about their case with anyone except for me -- one of the reasons I advise them of that is precisely the situation you describe.

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  • Keyed a car ... never had any priors or contact with law enforcement

    I've never been arrested or had any contact with a police officer in the past, for that matter. Did something really stupid while on vacation. I stopped at a bank for some money (California) and the parking lot was full - so I had to park els...

    Martin’s Answer

    Both of my colleagues are correct: Do NOT say anything else about your case - this is a public forum and what you say can be used against you. Getting an attorney immediately is definitely in your best interest. You will almost certainly be charged with vandalism, and possibly felony vandalism since paint-jobs on cars are very expensive. If this is your first run-in with the cops, an attorney should be able to help negotiate a good result for you and avoid any jail time - even if it is charged as a felony. Paying restitution to the victim would go a long way and might form the basis for a motion for civil compromise which effectively allows the judge to dismiss the case if the victim agrees that you have paid for your mistake. Best of luck!

    Martin

    LIJTLAW.com

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